Smith v. State

PIVARNIK, Justice.

Defendant-Appellant Roy A. Smith was found guilty by a jury in the Marion Superior Court, Criminal Division 5, of the crime of murder and was also found to be a habitual offender. He subsequently was sentenced to a term of ninety (90) years by the trial judge.

The following eight issues are presented for our consideration in this direct appeal:

1) admission of alleged hearsay testimony;

2) sufficiency of the evidence;

3) improper admission of a gun into evidence;

4) exclusion of cross-examination of State's witness;

5) refusal of Defendant's lesser included offenses instructions;

6)…